SAYAN HAZRA Vs. WEST BENGAL UNIVERSITY OF TECHNOLOGY

JUDGEMENT

(1.) THIS application is at the instance of a student and is filed of issue of a writ of mandamus commanding the respondents to issue provisional Registration Number in favour of the petitioner forthwith to enable the petitioner to appear in the first semester examination of Bachelor of Pharmacy scheduled to be held on December 6, 2012 and other consequential reliefs. The short fact of the case is that, the petitioner appeared at the Higher Secondary Examination, held in the month of March 2012 and the Joint Entrance examination held in April 15, 2012. On the basis of the form filled up by the petitioner and his result of the Joint Entrance examination, the petitioner was admitted to Netaji Subash Chandra Bose Institute of Pharmacy, Chakda, District Nadia in the Bachelor of Pharmacy course and he started his education accordingly.

(2.) THE petitioner deposited the registration fees for appearing at the first semester of the examination, but, the college authority informed that he could not be registered for the examination for the first semester and accordingly, his admit card was not issued. Being aggrieved, this application has been preferred. The respondent no.1 is contesting the said case by filing an affidavit-in-opposition contending, inter alia, that the petitioner did not succeed in the examination with the papers for which his admission to the Bachelor of Pharmacy could be entertained. The petitioner obtained 27 marks out of 100 in Physics in the Higher Secondary examination, but, in the online application form, he described himself as Pass in respect of Physics. He was admitted Provisionally to the said Bachelor of Pharmacy course, but, on scrutiny when it was detected that the petitioner did not obtain the qualifying marks for admission to the said course, he was denied registration.

(3.) IN the instant case, no doubt, the petitioner has made entries in respect of the marks obtained by him in Physics including the remarks whether pass or fail. The petitioner appeared in the four optional subjects and if he fails in one of such optional subjects, it can be altered at his choice as the 4th subject altering the 4th as 3rd subject, in which he passed the said examination. The choice is entirely upon the petitioner to decide whether he would treat the same as pass or fail in respect of that examination. When the admission is made on the basis of merit list prepared on the basis of the result of the Joint Entrance examination, the petitioner got the chance of being admitted to the Bachelor in Pharmacy course at Chakda, Dist. Nadia.